Fair Work Commission

Once you are happy with the content of the agreement and have let your employees know of the details of the vote, it is time to conduct the vote. Before conducting the vote, ensure that you have complied with the requirements in the Act that are outlined in the previous steps.

Depending on the method of vote that you have selected and have let employees know, it is possible that your voting period may run over consecutive days. Even if your voting period is only for one day (which is common) it is important to take records of the voting process.

Record details of the vote

You will need to keep record of the following:

• the date the vote starts
• the date voting finishes
• the number of employees covered by the agreement
• the number of employees who cast a valid vote, and
• the number of employees who voted to approve the agreement.

You will need to provide this information to the Commission when you are making your application.

When is an agreement made?

An agreement is made when a majority of employees who cast a valid vote, vote in favour of making the agreement.

If the majority of employees vote against the agreement, bargaining can continue. There is no limit to the number of times that you can put a proposed agreement to a vote. However, each time you put the proposed agreement to a vote, you must meet the timeframes of the voting process outlined in Step 6

For more information see section 182 of the Act.